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HomeMy WebLinkAbout95-0206This is to certify that the certificate hereunto attached is a true and accurate copy of the original death record on file with the Division of Vital Records, and that Frank Yeropoli, whose name is subscribed thereto, was at the time of subscribing the same and now is Director, Division of Vital Records of the Department of Health, for the Commonwealth of Pennsylvania, duly appointed and commissioned as directed by Act 66 of the General Assembly, approved 29 June 1953, P.L. 304. ~~ N,05., ~3 Rw~. ?/E7 T'PEIPRN~T M PERMANENT ~~ M.ACNIIN( ~ ~~ ~~ ui ~ .~ 3 d d ut O 7 z 0 U O Z Z AUG 18...2001 Date Fran eropoli, ' ect Division of Vital Records P.O. Box 1528 New Castle, PA 16103 COMMONWEALTH OF PENN8Vl1N1N1A • DEPARTMENT OF HEALTH • VITAL, RECORDS '.~ ~ ~ 7 „ CERTIFICATE OF DEATH ~ , OF DECEDB?(FirR WO~La~1 _. _ SW[RIE tNIMEA - _ .. Y R E'lrjt 500 E x+.~-94) ~~. G I `i' I t~ - INHERITANCE TAX RETURN CHECK HERE FAESPOUSALR 12/31191 COMMONWEALTH OF PENNSYLVANIA RESIDENT DECEDENT POVERTY CREDIT IS CLAIMED DEPARTMENT OF REVENUE (TO BE FILED IN DUPLICATE FILE NUMBER DEPT.28080t WITH REGISTER OF WILLS 21 ~95 HARRISBURG, PA 17128-0601 ~ COUNTY CODE YEAR DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) DECEDENT'S COMPLETE ADDRESS Weidner, Josee M 100 Garfield Drive DECEDENT SOCIAL SECURITY NUMBER DATE JF DE TH DATE OF BIRTH Carlisle Pa 17013 210-40-0449 01 16 5 11 10 1926 County Cumberland (F RSTANDAM DDLERNITII,4 G SP SE'S NAME (LAST, SOCIAL SECURITY NUMBER AMOUNT RECEIVED (SEE INSTRUCTIONS) CHECK APPRO- PRIATE BLOCKS CORRES- PONDENT RECAPIT- ULATI ON TAX COMPUTA-i TION 1. Original Return 4. Limited Estate ecedent Died Testate (Attach copy of Will) 2. Supplemental Return 4a. Future Interest Compromise (for dates of death after 12-12-82) 7. Decedent Maintained a Living Trust (Attach copy of Trust) NAME Mellon Bank N.A., ~ecutor TELEPHONE NUMBER 717 780-3112 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Scl~. C) 4. Mortgages and Notes Receivable (Schedule D) 5. Cash, Bank Deposits & Miscellaneous personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) (Schedule L) 8. Total Gross Assets (total Lines 1-7) 9. Funeral Expenses, AdrTlinistrative Costs, Miscellaneous Expenses (Schedule H) 10. Debts, Mortgage Liabilities, Liens (Schedule I) 11. Total Deductions (total Lines 9 & 10) 12. Net Value of Estate (Line 8 minus Line 11) 13. Charitable and Governmental Bequests (Schedule J) 21. If Llne 18 Is greater than Line 19. enter the difference on Line 21. This is the TAX DUE. (2y) A. Enter the interest on the balance due on Line 21 A. (21 A) B. Enter the total of Line 21 and 21A on Line 21 B. This is the BALANCE DUE. Make Check Payable to: Register of Wills. Agent (21 B) lJ 3. Remainder Return (far dates of death prior to 12-13-82) a 5. Federal Estate Tax Return Required 0 8. Total Number of Safe Deposit Boxes nv anuyLU!k3E DtREGTED TO COMPLETE AILING ADDRESS P•0. x 1010 RM 181-0336 H isburg Pa 1710,;3 (1) 119,000 (2) 91,169.15 (3) (4) (5) 13,067.28 ~°. (6) (7) 0206 NUMBER 0.00 (9} ~8 ) 23,207. (10) 36, 750.61 223,236.43 (11) 59, 958.03 (12) 163 , 278.40 (13) 20, .00 14. Net Value Subject to Tax (Line 12 minus Lin 13 15. e ) Spousal Transfers (tor dates of death after 6-30-9a), 5ee (15) (14) 143, 278.40 InslrucUOns for Apphcahle Percentage on Page 2. (Include x values from Schedule K or Schedule M.1 - 18. Amount of Line 14 taxable at 6% rate (113) 143 278 40 x O6 , . (Include values from Schedule K or Schedule M.) 8, 596.70 17. Amount of Line 14 taxable ai 15% rate (17) 0 00 1 . x (Include values from Schedule K or Schedule M.) . 5 - 0.00 I8. Principal tax due (Add tax from Lines 15 16 d 19. . an 17.) Credits Spousal Poverty Credit Prior Payments Discount Interest (18) 8, 596..70 :0. g 6,669.00+ 351.00- If Line 19 is realer than Llne 18 enter the d ff (1s) 7,020.00 A , i erence on Llne 20. This is the OVERPAYMENT. ~i~~dk here:Ff;: bu'are requesting a refund of your roverp~ytrierrt (20} ~~~uG~ atiaiues GI penury, r declare that I have examined this return, including accompanying schedules and statements, and be ief, it is true, correct and com lete. I. c(eclare that all real estate has been reported at true market value. Declaration represent~tiar of n of which preparer has any knowledge. SIGNATURE P RSON SPO BLE F ~ ILING RETUR ADDRESS SIGNATURE ~~' TkTIVE ADDRESS PA15001 NTF x679 ~~~ I Cnovnght Forms Suitware Gniv. X994 Nelco. Inc. Iv 94 PAOGt 1,576.70 0.00 1,576.70 .t to trle nest of my Knowledge preparer other than the personal - °~ ~~ .~ TE ~ s Estate of: Josee M Weidner SIJI~M'lARY OF ALI~X'ATIONS TO BENEFICIARIES Class A R Frank Weidner Richard C Weidner Michael J Weidner Linda L Hutzler 34,082.35 34,082.35 41,031.35 34,082.35 143,278.40 21-1995-0206 r i PA REV-1500 EX (7-94) Act #48 of 1994 provides for the reduction of the tax rates imposed on the net value of transfers to or for the use of the spouse. The rates as prescribed by the statute will be: • 3% (.03) will be applicable for estates of decedents dying on or after 7/1/94 and before 1/1/96 • 2% (.02) will be applicable for estates of decedents dying on or after 1/1/96 and before 1/1/97 • 1% (.01) will be applicable for estates of decedents dying on or after 1/1/97 and before 1/1/98 • Spousal transfers occurring on or after 1/1/98 will be exempt from inheritance tax. PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING A CHECK MARK (v) IN THE APPROPRIATE BLOCKS. YES NO 1. Did decedent make a transfer and: a. retain the use or income of the propelty transferred . ................................................ . ............... X b. retain the right to designate who shall use the propelty transferred or its income ............... . ........................... X c. retain a reversionary interest; or ................................................................................ X d. receive the promise for life of either payments. benefits or care? ............................................ . 2. If death occurred on or before December 12, 1982, did decedent within two years preceding death transfer propelty without receiving adequate consideration? If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ........................... . 3. Did decedent own an 'in trust for' bank account at his or leer death? ............................... . . . . . . . . . . . . IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. PA15002 NTFSSao Cupync~ht Forms Software Only, 1994 Nelco, Inc. N94 PAOU2 ~ REV-i5a2 EX + (12-85) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT CCTw~~ n SCHEDULE A REAL ESTATE Josee M Weidner FILE NUMBER (Property Jointly-owned with Right of Survivorship must be disclosed on Schedule F) All real estate should be reported at fallmarke ~ao~ 06 which is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. ITEM NO. VALUE AT DATE DESCRIPTION OF DEATH 1 Property situate and known as 100 Garfield Drive, South Middleton Township, Cimlberland County, Pennsylvania. Recorded in Ctuttberland County Deed Book F, Volume 24, Page 1020, dated 8-20-71; appraisal attached TOTAL (Also enter on line 1, Recapitulation) (If more space is needed, insert additional sheets of same size.) PA15021 NTF 1271 Copyright Forms Software Only, 7994 Nelco, Inc. N94 PN021 119,000.00 000.00 E V- t 503 •!X + (4-86) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE B STOCKS AND BONDS cJtHtG Vr Josee M Weidner (All property jointly-owned with Right of Survivorship must be disclosed on Schedule F.) ITEM NO. DESCRIPTION FILE NUMBER 1 1,498.261 shs Alliance North American Government Income Trust Class B Common; OTC @ 6.10 2 200 shs Alliance World Dollar Government Fund II, Inc., Common; OTC @ 10.9375 3 Regular dividend of $.1186 and capital gain dividend of $.225 on item no. 2 payable 1-20-95 to holders of record 1-13-95 4 $6,000 Federal Home Loan Mortgage Corp., Series 1576 Class B, 6.00% due 6-15-08; OTC @ 84.94 5 Interest accrued to date of death on item no. 4 6 $3,000 Federal Home Lean Mortgage Corp,, Series 1607 Class N, 5.500 due 10-25-13; OTC @ 77.155 7 Interest accrued to date of death on item no. 6 8 $12,000 Federal Home Lpart Mortgage Corp., Series 1630 Class C, 6.00% due 6-15-23; OTC @ 77.802 9 Interest accrued to date of death on item no. 8 10 $3,000 Federal Home Loan Mortgage Corp., Series 1630 Class E, 6.00% due 9-15-23; OTC @ 75.055 11 Interest accrued to date of death on item no. 10 12 $3,000 Federal Home Lean Mortgage Corp., Series 1628 Class N, 6.50% due 12-25-23; OTC @ 78.0173 13 Interest accrued to date of death on item no. 12 14 $10,000 Federal National Mortgagi=_ Assoc., Remic Trust 1992-73 Class G, 7.50% due 4-25-21; OTC @ 90.25 15 Interest accrued to date of death on item no. 14 16 $6,000 Federal National Mortgage Assoc., Remic Trust 1993-626 Class C, 7.00% due 1-25-03; OTC @ 80.899 17 Interest accrued to date of death on item no. 16 18 $5,000 Federal National Mortgage Assoc., Remic Trust 1993-145 Total from continuation e s) TOTAL (Also enter on line 2, Recapitulation) (If more space is needed, insert additional sheets of same size.) PA15031 NTF t2 t2 Cupynght Forms Software Only, 1994 Nelco, Inc. N94PA03t 21-1995-0206 VALUE AT DATE OF DEATH 9,139.39 2,187.50 68.72 5,096.40 31.00 2,314.65 14.21 9,336.24 62.00 2,251.65 15.50 2,340.52 16.32 9,025.00 57.75 4,853.94 24.50 4,021.25 `--~ 40, 312.61 91,169.15 ~ 1 Estate of: Josee M Weidner SCHIDULE B -- Stocks and Bonds Item Page 2 21-1995-0206 No. Value at Date Description of Death 18 Class A, 6.00% due 8-25-17; OTC @ 80.425 19 Interest accrued to date of death on item no. 18 17.50 20 224.688 shs Flag Investors Telephone Income Fund Inc., Class D; 2 810.85 OTC @ 12.51 21 25 shs Frog, Switch & Manufacturing Co., Connnon; N.L. @ 150.00 3,750.00 22 2,996 shs Mellon DF Intermediate Bond Fund; N.L. @ 11.227534 33,637.69 23 Income accrued to date of death on item no. 22 96.57 TOTAL. (Carry forward to main schedule) 40,~~2.61 ~ f REV-7508 EX+(2-87) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS AND MISCELLANEOUS PERSONAL PROPERTY Please Print nr Josee M Weidner rlLt NUMtitR (All property jointly-owned with the Right of Survivorship must be disclosed on Schedule F) ITEM NO. DESCRIPTION 1 Personal Property; appraisal attached 2 1990 Buick Skylark; appraisal attached 3 Checking Account No. 182-942-6327 with Mellon Bank 4 Interest accrued to date of death on item no. 3 5 Income and Principal Cash from Josee M Weidner Inter-Vivos Trust No. 084GBN with Mellon Bank 6 Interest accrued to date of death on item no. 5 7 Cortland Money Market Fund with W H Newbold's Son & Co. 8 Interest accrued to date of death on item no. 7 9 Income balance and accrued income from Robert E Weidner Testamentary Trust No. 1027BN with Mellon Bank 10 Claim payments from AARP 11 Refund of 1994 Federal Individual Income Tax TOTAL (Also enter on line 5, Recanitulatio PA15081 _ .. _ .... "..""„' „ ~ ~ „" ° °i~ ~~ IJ I ICCUCU.~ NTF 72t5 Copynght Forms Software Unly, 1994 Nelco. Inc. N94 PAOSt 21-1995-0206 VALUE AT DATE OF DEATH 2,749.00 4,200.00 1,762.86 2.88 2,503.22 3.50 6.01 0.03 92.78 1,311.00 436.00 13,067.28 .~ ~ REV-1510 EX + (p-g7) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G TRANSFERS Josee M Weidner PLEASE PRINT OR TYPE THIS ITEM NO. SCH. MUST BE COMPLETED & FILED IF THE ANSWER DESCRIPTION OF PROPERTY Include name of the transferee, their relationship to decedent, date of transfer. TO ANY OF THE EXCLUSION QUESTIONS ON THE RE TOTAL VALUE OF ASSE VERSE SIDE O DECD. % F COVER SHEET IS YES. DOLLAR VALUE OF DECEDENT'S T INT. INTEREST 1 On 12-13-82 the decedent created Inter-Vivios Trust No. 0846BN with 0.00 Commonwealth National Bank (now known as Mellon Bank), retaining the right to alter, amend or revok e the trust during her lifetime and directing that the trust terminate to her estate at her death. Assets are returned on Schedule B, Items no. 22 and 23 and Schedule E, Items no. 5 and 6 (copy of instrument attached) TOTAL (Also enter on line 7, Recapitulation) $ 0.00 Qf more Space is needed. insert additional sheets of same size.) PAl$101 N7F 1217A Cnpynnht Forrns Software Only, 1994 Nelco, Inc. N94PAt01 y ~ REV-151t Ex+(7-88) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCWEDULE H FUNERAL EXPENSES, ADMINISTRATIVE COSTS AND MISCELLANEOUS EXPENSES ESTATE OF Josee M Weidner ITEM NO. DESCRIPTION A. Funeral Expenses: 1 Hoffman-Roth Funeral Home -statement 2 Westminister Cemetery Inc -marker B. Administrative Costs: 1. Personal Representative Commissions Social Security Number of Personal Representative: Year Commissions paid 2. Attorney Fees 3. Family Exemption claimant Michael J Weidner Address of Claimant at decedent's death Street Address 100 Garfield Drive city Carlisle State PA Zip Code 17013 4. ~ Probate Fees C. Miscellaneous Expenses: See Schedule attached Total from continuation e(s) TOTAL (Also enter on line 9, RecapitL (If more space is needed, insert additional sheets of same size.) PA15111 NTF 1278 Copyright Forms Snitware Only, 7994 Nelco, Inc. N94 PAt 7 t Relationship SOn Please Print or Type FILE NUMBER 21-1995-0206 AMOUNT 7,464.00 599.00 8,197.00 3,500.00 2,000.00 258.00 1;189.4 23 , 207.A~ 1 ~ Page 2 Estate of: Josee M Weidner 21-1995-0206 SCHIDULE H, PART C -- Miscellaneous Expenses Item No. Description Amount 1 The Sentinel - estate notice 78.92 2 Cumberland Law Journal - estate notice 40.00 3 Register of Wills, Cumberland County - short certificates 54.00 4 Dennis L Gotshall - appraisal fee 50.00 5 Diversified Appraisal Services - appraisal fee 225.00 6 Marsh & McLennan - liability insurance 105.00 7 Michael Weidner - reimbursement for lawn service and trash removal 435.00 8 Cline's - replace water heater 51.50 9 Closing Costs 150.00 'mI'AL.(CaYry forward to main schedule) 9.42 REV-7572 E%+(7/93) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENTDECEDENT SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES AND LIENS Josee M Weidner ITEM N0. DESCRIPTION Please Print or Typ FILE NUMBER 21-1995-0206 MA OUNT 1 Pa Department of Revenue - 1994 State Individual Income Tax _ -- 2 NY Cortnnissioner of Taxation - balance due on 1992 NY Individual Income Tax Return 3 Internal Revenue Service - balance due on amended 1992 Federal Individual Income Tax Return 4 Mellon Bank - balance due on line of credit 5 MAC withdrawals prior to death from Checking Account No. 182-942-6327 with Mellon Bank posting after date of death 6 Checks outstanding at date of death 7 Sevice charges on Checking Account No. 182-942-6327 8 Culligan - statement 9 USF&G - statement 10 PP&L - statement 11 MCI - statement 12 United of Pa - statement 13 Mobil Oil Credit Corp - statement 14 Chase Visa - statement 15 Montgomery Ward - statement 16 Cellular One - statement 17 Boscov's - statement 18 Sears Payment Center - statement 19 Credit Card Department - statement 20 Carlisle Cardiopulmonary Assoc - professional services 21 Carlisle Imaging Inc - professional services TOTAL !Also enter nn lino ~n ,,.914.4 6 27.20 132.91 1, 0],~. 70 8 , 6,~i2.55 '10.51 89.49 175.00 4,609.60 15,530.94 983.31 700.00 74.77 44.75 34.32 39.00 486.96 213.47 36.73 278.77 689.17 36,750.61 PA15121 ..-." .,,'.."'" ~° ~~°°`~°~~, 111~C77 nuunl~nal sneers of same size.) NTF 2880 Coo vria ht Forms Software Onlv. 7994 Nelco. Inc. N94 PA 727 REV-75 t3 EX+(2-87) COMMONWEALTH OF PENNSYLVANIA SCHEDULE J INHERITANCE TAX RETURN BENEFICIARIES RESIDENT DECEDENT is I ATE OF Josee M Weidner ITEM NO. NAME AND ADDRESS OF BENEFICIARY A. Taxable Bequests: 1 R Frank Weidner 2085 Via Las Cumbres 2 San Diego, Ca 92111 2 Richard C Weidner 304 Las Olas Road St Augustine, F1 32086 3 Michael J Weidner 100 Garfield Drive Carlisle, Pa 17013 4 Linda L Hutzler 478 Arwell Court Frederick, Md 21706 ITEM NO. NAME AND ADDRESS OF BENEFICIARY B. Charitable and Governmental Bequests: 1 Carlisle Hospital Endowment Fund Carlisle, Pa 17013 2 First Lutheran Church of Carlisle Carlisle, Pa 17013 Son Son Son Daughter FILE NUMBER RELATIONSHIP TOTAL CHARITABLE AND GOVERNMENTAL BEQUESTS (Also enter on line 13, Recapitulation) (If more space is needed, Insert additional sheets of same size) PA15131 NTF 1220A Cnnvn ont Forms Software Onlv. 7994 Nelco. Inc. N94PA 731 21-1995-0206 AMOUNT OR SHARE OF ESTATE 34,082.35 34,082.35 41,031.35 34,082.35 AMOUNT OR SHARE OF ESTATE 10,00 0 10, .00 000.00 ~.~.~~st iJ.l ~rtdr (~est~rttertt OF JOSEE M. WEIDNER I, JOSEE M. WEIDNER of South Middleton Township, Cumber- land County, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. . '~ ~•.1~\ :~ ITEM I: i direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my estate or by .any recipient of any property, shall be paid by my Executor out of the property passing under ITEM V of this will, as an expense and cost of administration of my estate. My Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. In the absolute discretion of my Executor, such taxes may be paid immediately or may be postponed on future or remainder interests until the time possession thereof accrues to the beneficiaries. ITEM II: I direct my Executor to pay the expenses of my last ill:Tess and funeral expenses from the property passing under this Will as an expense and cost of administration of my estate. ITEM III: I give and bequeath all of my personal jewelry to my daughter, LINDA LOUISE WEIDNER. Page 1 of 6 [. r ITEM Iy: If I predecease my husband, ROBERT E. WEIDNER, I give and bequeath to him absolutely and in fee simple all of my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment not disposed of in any prior provision of this Will. If I do not predecease my husband, I make said bequest to my children living at the time of my death, to be divided among them as they shall agree, my Executor to represent any minors in such division. Should there be no agreement, such property shall be divided among them by my Executor in as nearly equal portions as is deemed practical in the sole discretion of my Executor, having due regard to the personal preferences of such children. ITEM V: I give, devise and bequeath all of the rest, residue and remainder of my estate to my husband, ROBERT E. WEIDNER, if he survives me. In the event he does not survive me, I make such gift, devise and bequest to the COMMON- WEALTH NATIONAL BANK, Carlisle, Pennsylvania, as Trustee, IN TRUST NEVERTHELESS to be held, administered and distributed in accord- ance with the terms and conditions of a trust or .trusts created under ITEM V of the Will of my said husband. I hereby ratify and confirm said trust or trusts absolutely and in every respect. ITEM VI: No part of the income or princi- pal of the property held under any Trust created by this Will, shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any bene- ficiary prior to his or her actual receipt thereof. The Trustee shall pay over the net income and the principal to the parties herein designated, as their interests may appear, without regard Page 2 of 6 i to any attempted anticipation, pledging or assignment by any bene- ficiary under a Trust, and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. ITEM VII: In the settlement of my estate and during the continuance of the foregoing Trusts, my Executor and the Trustee shall possess, among others, the following powers: (a) To retain any investments I may have at my death, including specifically those consisting of stock of any bank even if I have named such bank as my Executor herein, so long as my Executor or Trustee may deem it advisable to my estate so to do. (b) To vary investments, when deemed desirable '~ by my Executor or Trustee, and to invest in such bonds, `.\ stocks, notes, real estate mortgages or other securities ~~ or in such other property, real or personal, as they shall deem wise, without being restricted to so-called "legal investments", and without being limited by any statute or rule of law regarding investments by fidu- - ciaries. (c) In order to effect a division of the principal of my estate or for any other purpose, including any final distribution, the Executor and Trustee are author- ized to-'make said divisions or distributions of the personalty and realty partly or wholly in kind, at a fair value determined at the date of division or distri- bution. Should it appear desirable to partition any Page 3 of 6 ~~~~~n~ real estate, the Executor or Trustee is authorized to make, join in and consummate partitions of lands, vol- untarily or involuntarily, including giving of mutual deeds, recognizances or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale and upon such terms and conditions as the Executor or Trustee may deem advantageous to the estate or Trust, any or all real or personal estate or interest therein owned by the estate or Trust severally or in conjunc- tion with other persons or acquired after my death by my Executor or Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor or Trustee in this paragraph or elsewhere in my Will. (e) To mortgage real estate, and to make leases of real estate. (f) To borrow money from any party, including the Executor or Trustee, to pay indebtedness of mine Page 4 of 6 4 ~ • or of my estate, expenses of administration or inheri- tance, legacy, estate and other taxes, and to assign and pledge assets of my estate therefor. (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate or a Trust. (h) To vote any shares of stock which form a part of the estate or Trust, and to otherwise exer- cise all the powers incident to the ownership of such stock. ' (i) In the discretion of my Executor or Trustee, to unite with other owners. of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of the estate. (j) To do all other acts in their judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution of the estate or Trust. ITEM VIII: In the event that there should be established in the Last Will and Testament of my husband, ROBERT E. WEIDNER, Trusts similar to the Trusts herein established for the benefit of my children and their issue, the Trustee of each of said Trusts created in this Will shall have the right of merging it with the similar Trust for the same beneficiaries Page 5 of 6 _~~~~~~/~ I i ~ ~ .. ~- created in my said husband's Will, and operating each of said merged Trusts as a single Trust. ITEM IX: Any person who shall have died at the same time as Testatrix, or in a common disaster with her, or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predeceased her. ITEM X: I nominate, constitute and appoint my husband, ROBERT E. WEIDNER, to be my Executor. In the event of his death or his inability or refusal to serve, I nominate, constitute and appoint the COMMONWEALTH NATIONAL BANK, Carlisle, Pennsylvania, to be my Executor. My Executor, Trustee and Guardian shall not be required to give any bond or bonds. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding five (5) pages, at the end of each page of which I have also set my initials for greater security and better identification this ~j day of ~' c'~ ~ , 1978 . Page 6 of 6 ' ~ (SEAL) Josee M. We ner We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year first above written, and we certify that at the time of the t ~~ r execution thereof, the said Testatrix was of sound and disposing mind and memory. )/ /, ~ / , /' ~ ~ i t - -~ ,(SELL) Residing at j' e ~/?.~, ~ / ~. ~, {SEAL) Residing at ~' / o%T /~ ~ '-c 4J ~ !-_ ~~~-' (SEAL) Residing at % ~ # ~ r ` ~ ~ .~ L+G~ ~~ ' ' ~ i ~~~~yl t~~ ~~.~ ~.~.~~~IYCt~1~~ OF R08ERT E, S"1EIDNER I, ROBERT E, WEIDNER of South Middleton Township, Cumber- land County, Pennsylvania do my Last will and Testament, hereby'revokinh and declare this to be g all Wills and Codicils by me at any time made. ITEM I. I direct that all inheritance and estate taxes becoming due b reason of Y mY death, whether such taxes may be payable ,by my estate or b y any recipient of any property, shall be paid by my Executor out of the ITEM V of this Will, as an ex erase and property passing under p cost of administration of my estate. My Executor shall have no dut y or obligation to obtain reimbursement for an y such tax so paid, even though on proceeds of .insurance or other proparty not passing under this Will: In the absolute discretion of my Executor, such taxes may be paid immediately or may be postponed on future or remainder interests until the time possession thereof accrues to the beneficiaries. ITEM II: I direct my Executor to pay the expenses of my Last illness and funeral expanses from the passing under this Will as an ex PrOPerty Dense and cost of administration of my estate. ITEM If T predecease my wife, JOSRR M, WEIDNER, I give and bequeath to her absolutely and in fee simple all of my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles w Baring apparel and alI other articles of household or personal use or adornment. If I do not Page 1 of 12 4 ~~ ` ....~...~~a.~.•'~.~....--- "R'E'g~ 9 ' °5 9 : 2 ] FROM T~ SHPG FRy PAr,E . 002:•G 1 3 predecease my wife, I make said bequest to my children living at the time of my death, to be divided among them as they shall agree, my Executor to represent any minors in such division. Should there be no agreement, such property shall be divided among them by my Executor in as nearly equal portions as is deemed practical in the sale discretion of my Executor, having due regard to the personal preferences of such children. ITEM ZV: If I predecease n-y wife, JOSEE M. WEIDNER, I give, devise and bequeath unto the COMMONWEALTH NATxONAL ~iANK, Carlisle, Pennsylvania, as Trustee (hereinafter referred to as "Trustee"), an amount, free of all taxes, equal to the maximum marital deduction allowablQ to my estate for federal estate tax purposes, reduced by the aggregate marital deduction allowable for federal estate tax purposes for other property or interests that pass ar shall have passed to my spouse otherwise than under this clause and that qualify for the said marital deduction; and further reduced by an amount, if any, needed to increase my taxable estate to the largest amount that, after allowing for the unified credit and any other credits available to my estate, will result in the imposition of no federal estate tax, IN TRUST NEVERTHELESS, far the following uses and purposes: •~ . , (a) The Trustee shall have, hold, manage, invest and reinvest the same, collect the income, and, beginning at my death, pay over the net income in quarterly installments to my wife, ~70SEE M. WEIDNER, during her lifetime. The Trustee shall also, from time to time, pay to my wife such amounts of principal of this Z'rust as the Trustee deems necessary for the proper support, maintenance and medical care of my wife. Page 2 of 12 FEB 9 '95 9:22 FROM + „ ~ TO SHPG FAX :~ (b) upon the Leath of my wife, during t~ continued existence of this Trust, my Trustee shall convey and pay over all of the remaining assets, whether corpus or income, to or for the benefit of such person or persons or corporation or corporations, or the estate of said wife, in such amounts or proportions, and in such lawful interests or estates, whether absolutely or in trust, as my wife may have directed, either by instrument filed with the Trustee during her lifetime exercising this Power of Appointment, or by her Last Will and Testament. This Power of Appointment shall be exercisable by my wife alone and in all events. If the above Power of Appointment is far any reason not validly exer- cised by my wife in whole or in part during her lifetime or in her Last Will and Testament, then upon her death such portion or all of the prin- cipal of this Trust or such interests and estates therein as shall riot have been validly appointed by her shall be added to the assets governed by ITEM V of this Will. (c) Only property which is fully eligible for the marital deduction under the federal estate tax law shall be assigned to this Trust. Notwithstanding anything to the contrary con- tained in this Will, the Trustee of this Trust shall not retain beyond a reasonable time any property which may at any time be or become unproductive, nor shall they invest in unpro- ductive property. Assets which do not qualify PAGE.0p3i013 II Page 3 of 12 ~ FEB 9 '95 9:22 FP.OM TO SHPT f' ~ a FAX for the marital deduction shall not be Placed in this Trust. TO the extent also that other assets qualifying for the marital deduction are avail- able, this bequest shall distribution of: not be satisfied by the (a) assets with respect to which a credit for foreign taxes paid is allow- able under the Internal Revenue Code; (b) assets which may be sub' Ject to both income and estate taxes and which ma Y be eligible for a credit or deduction; or (c) United States Treasury bonds eligible for redemption at par in payment of federal estate taxes. PAGE . O~Ja; c~ I ~d) If mY wife should not survive me, then the Provisions of this Item shall be void .~'~. the part of mY estate w • and hick would have toted the foregoin consti- g Trust shall beco mY residuar me Part of y estate disposed of i this n ITEM y of mY Last Will and Testament. z- ~M v: the rest I give, devise residue and remainder of and ~queath all the precedin mY estate, not disposed of in g portions of this Wil l r.. •tp' BANK, Carlisle, Pen the COMMpW~ALTH NAT70NAL nsylvania, as "Trustee"), IN TRUST Trustee (hereinafter called NEVERTHELESS, for the following uses and purposes: ~a) The Trustee s from the principal of hall paY the net income arising this .Trust in quarterly install-. ments to my wife, d'OSEE M. WEIbNER, during her lifet ime. (b) During the lifetime of Trustee mY said wife, the shall pay, to or for the benefit of my said 1 Page ~ of 12 FEB 9 '95 9:22 FFOP1 ' • ~ • _ Tn ~HPG FA-: FACE. ~~g, • 013 .^• r~ «.,~s wife so much of the principal of this Trust as may be necessary, in the sole discretion of the Trustee (other than my said wife), for the proper support, maintenance, medical care and college or higher education of my said. wife and her dependent children. (c) Upon the death of my said wife, or if she predeceases me, then upon my death, the Trustee shall immediately pay the sum of Ten Thousand ($1 , 00) Dollars to the Carlisle Hospital to be added to that institution's permanent trust endowment and shall further immediately pay the sum of Ten Thousand ($10,000) Dollars to th first Lutheran Church, Carlisle, Pennsy v ia, to be added to that institu-- tion's permanent endowment trust fund, bath of said sums to be paid from interest and/or.principal held under this Trust. After payment of said sums, the Trustee shall divide the principal and any accretions thereto and any accumulations of income into as many equal parts as there are then living children of mine and then deceased children of mine represented by then living issue. The Trustee shall hold one such share as a separate Trust for the`'benefit of each living child, and one such share as a separate TXUSt far the benefit of the issue of each such then de- ceased child, per stirpes. (d) In each Trust thus established for a then 3iving child of mine, the~Trustee shall quarterly pay to or for the benefit of such child all of the income and so much of the principal of said Trust as, in the discretion of the Trustee, may be necessary Page 5 of l2 e ' ~ f i FEB 9 ' 95 9 : c3 FPQP1 TC~ SHPG Fa,=' PArE.[~BiGt13 to maintain such child in the proper station in life, including proper support, maintenance, medical care and college or higher education. Upon such child's attaining the age of thirty (30) years, the Trustee shall pay to such child one-third (1/3) of the then principal. Upon such child's attaining the age of thirty-five (35) years, the Trustee shall pay to such child one-half (1/2) of the then remaining principal. Upon such child's attaining the age of (arty (40) years, the Trustee shall pay to such child all of the balance of the then remaining principal. ~~ ~ Should such child die before final distribu_ tion of the assets of said Trust but be survived by .then living issue, the Trustee shall quarterl Y pay the net income from said Trust to or for the benefit of said issue, per stirpes, living at each time of quar- terly distribution; as soon as any ane of said issue attains the aqe of twenty one (z 1) years, and in no event later than twenty (20) years following the death of my child, the Trustee shall p~y'over all of the then assets in the Trust to the then. living issue of such deceased child, per stirpes, Should such child die before final distribution and not be survived by then living issue, the provisions of subparagraph (f) herein shall obtain. (e) In each Trust established for .the benefit of the issue of a deceased child of mine, the Trustee shall quarterly pay the net income to or for the bene- y fit of the issue of such deceased child, per stirpes, page 6 of 12 ' .. FEB 9 '95 9:23 FROM ~ ~ ° TO SHPG FA:-; PfirE,ph7i013 ."'~. living at each time of quarterly distribution; as soon as any one of said issue attains the age of twenty-one (21) years, and in no event later than twenty (2 p) years following the death of the survivor of my wife and myself, the Trustee shall pay over all of the then assets in the Trust to the then living issue of my deceased child, per stirpes. (f) If at any time before final distribution of the assets of any of the Trusts established for my children or issue of deceased children, there are no living beneficiaries of said Trust, the Trust shall terminate, and its assets shall be added to the other then existent Trust created herein for the benefit of mY children or their issue, Provided, that if any of said Trusts herein created have previously been termi- nated by payment of its principal to its beneficiaries, said beneficiaries who received payment of the princi- pal oL that Trust shall collectively be considered an "existent Trust" for the purpose of this paragraph, and on equal share shall be paid directly to such beneficiaries in the same proportion by which they received the principal of the Trust, or, if deceased, to their issue, pez stirpes, (91 In the event that Grantor is not survived by his wife or any issue, or in the event there are no issue of Grantor surviving upon the termination of any Trust, the principal shall bo paid to those individuals who would then be entitled thereto under the intestate laws of Pennsylvania then in effect as if Grantor had died at that time intestate. Page 7 of 12 4i FEB 9 '95 3:23 FROM ~ ` ~ a TO SHPG FA;+ PAGE. GJ08i~J l3 ITS VI: have the ri ht MY wife, JOSEE M, WEIbNER g to withdraw $5,000.00 ~ shall Trust established from the principal of under xTEM V of t the If she is livin o his Will each taxable 9 n the Last da Year. right to also Y of such year, she shall withdraw an amount have the value of the equal to 5$ of the net principal on such 1 market $5,000.00 ast day less the amount of s previously withdrawn durin uch shall be madQ 9 the taxable year. within thirty da s Payment less any Trustee' Y of the close of the taxable s commission Year, rights Payable with respect thereto of withdrawal Both shall be non- only in wiitin c`i"'ulative and may be exerc' g delivered to the xsed to the last da Trustee within thirty da . Y °f $uch taxable year- YS Prior IT' ~ VrI: No °f the Property held under Part of the income or principal sub' any Trust created b Oect to attachment Y this Will, shall be • levy or seizure assignee or trustee pr by any credito receiver r• spouse, Prior to in bankruptcy of a his or her actual nY beneficiary over receipt thereof. the net income The Trustee s and the princi hall pay Hated, as t pal to the parties herein heir interests desig- ed.anti may appear, without re cipation, pledgin 9ard to any attempt_ g or assignment Trust, and without re a by any beneficiar 9 rd to Y under a attachment any claim thereto 0 • seizur r attempted lev e ar other process ~' Y• against said b@neficiary- IT'~ VIA: during the continuance In the settlement of m of the fare Y estate and Trustee shall going Trusts, mY. Executor possess, among others, the followin and the g powers: (a) To retain an Y investments z may have at my death, includin stock of an g specifically those consisting of Y bank even if I }gave Exec named such bank as m utor herein, so y long as mY Executor or Trustee ma deem it advisable to my estate Y so to do. Page 8 of l2 ' e ~ ~ , a. (b) To vary investment - -~ ~<~r::::.°; s, when deemed desirable by my Executor or Trustee, and to invest in such bonds, stocks, notes, real estate mortgages ox othex securities ar in such other propert Y, real or personal, as they shall deem wise, without being restricted to so-called "legal investments", and without bein statute or rule of law g limited by any regarding investments by fidu- ciaries. (c1 In order to effect a division of the principal of my estate or for any other purpose, including any. final distribution, the Executor and Trustee are author- ized to make said divisions o r distributions of the personalty and realty partly or wholly in kind, at a fair value determined at the date of division or distri- bution. should it a ppear desirable to partition any real estate, the Executor or Trustee is authorized to make, join in and consummate partitions of lands, vol- untarily or involuntaril Y. including giving of mutual deeds, recognizances or other obligations, With as wide powers as an individual owner in fee simple. (d) To sell either at public. or private sale and upon such terms .~ and conditions as the Executor or Trustee may deem advanta genus to the estate or Trust, any or all real or personal estate or intexest therein owned by the estate or Trust s everally or in conjunc_ Lion with other persons or ac quired after my death by mY Executor or Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers ~ _ conveying a fee simple title, free and clear of all trust and without obligation or Page 9 of 12 „ ~ FEB 9 '95 9:24 FROM Tr, SHPG FF?; .+'-. liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales= also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in currying out any of the powers conferred upon my Executor ar Trustee iti this paragraph ar elsewhere in my Will. (e) To mortgage real estate, and to make leases of real estate. ,~ (f) To borrow money from any party, including the Executor or Trustee, to pay indebtedness of mine or of my, estate, expenses of administration or inheri- tance, legacy, estate and other taxes, and to assign and pledge assets of my estate therefor. (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate or a Trust. (h) To vote any shares of stock which form a part of the estate ar Trust, and to otherwise exer- cise all the powers incident to the ownership of such stock. (i) In the discretion of my Executor or Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of the estate. Page 10 of 12 FRr,E.0117.'~ll'3 s FEB 9 ' 9S 9: 2S FP,OM ~ ry ~ I~ .~ TO SHPG Ff~:~. PRGE . Ll 1 1 • [~ ] 3 (j) To do all other acts in their judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution of the estate or Trust. ITEM IX: In the event that there should be established in the Last Will and Testament of my wife, JOSEE M. WEZDNER, Trusts similar to the Trusts herein established for the benefit of my children and their issue, the Trustee of each of said Trusts created in this Will shall have the right of merging it with the similar Trust for the same beneficiaries created in my said wife's Will, and operating each of said merged Trusts as a single Trust. ITEM x: Any person, other than Testator's wife, who shall have died at the same time as Testator, or in a common disaster with him, or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predeceased him. If Testator and his wife die at the same time or in a common disaster, or under such circumstances that it is difficult or impossible to determine who died first, Testator's wife shall be deemed to have survived him. Any person (other than Testator) who shall have died at the seine time as any then recipient of income or in a common disaster with such beneficiary, or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predeceased such beneficiary, ITEM xT: If at any time any minor-child shall be entitled to receive any assets hereunder, the COMMONWEALTH NATIONAL .BANK, Carlisle, Pennsylvania, shall act as Guardian of the assets. payable to such child. Such Guardian may receive and admin- ister all assets authorized by law, and shall have full authority Page 11 of 12 4 i R • t tP ~` :~ FEB B ' 95 9: c5 FR!3h1 - Tn SHPr, FAX PAr,E.l~1~~~13 .~_ to use such funds in any manner it shall deem best interests of such advisably for the child. Said Guardian shall have all the r~-ghts and privile es 9 as to the Guardianship(s) and its assets as are herein granted to the Trustee and Executor as to the Trusts and my estate and the assets therein, ITEM XII: 1 hereby nominate appoint my wife J ~ constitute and OSE£ bi. WEIDNER, and the COMMONWEALTH NATIONAL SANK, Carlisle, Pennsylvania, to be my Executors, herein referred to as "Executor", My Executor . ~'rustee and Guardian are specifi- cally relieved from the duty or obligation of filing any bond or bonds. IN WITNESS WHEREpF, I have set my hand and seal to this, mY Last Will and Testament consisting of this, and the preceding eleven (11) pa~eS, at the end of each page of .which I have also set my initials for greater security and better identification this ~~~ day of ~.~.N,, r 1978. Page 12 of 12 Robert E. Weidne` ~. "--(S~'} We. the undersigned, hereb Will was si ned Y certify that the foregoing g sealed. Published and declared b Testator as and Y the above-named for his Last Will and Testament, in the presence of us, who, at his request and in his of each other Presence and in the presence r have hereunto set our hands and seals the day and year first above written, and we certify that at the time of the ,' ~ eXeCUtion therFO£ s r• , the said mind and ~e$tatox memory. was of sound and disposing c To ~~.~, (SEA,) Residing at / (SEAL) Residin g at T- ~ 'r' i- (SEAL) Residing at ~"~,~ 1~ f. , M .'.:\ - _